Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
Byron WhiteRead
The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
Interpretation
What this quote means
This quote discusses the interplay between law and morality, suggesting that laws are often rooted in moral judgments.
Byron White highlights the fundamental relationship between law and morality, emphasizing that laws are frequently established on moral grounds. If legal frameworks were to disregard these moral dimensions, it would lead to a significant amount of judicial review and litigation, indicating the integral role of moral reasoning in the formation and interpretation of laws.
Themes
LawMoralityJusticeJudicialEthical
In practice
Example use cases
This quote could be used in a law class to discuss the importance of morality in legal systems.
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All quotes →To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
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The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
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The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
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A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
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Sports constantly make demands on the participant for top performance, and they develop integrity, self-reliance and initiative. They teach you a lot about working in groups, without being unduly submerged in the group.
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